[Timbalan (TPR), Jabatan Peguam Negara] LINGKSWARAN A/L VASUDEVAN

[Timbalan (TPR), Jabatan Peguam Negara] LINGKSWARAN A/L VASUDEVAN

The court found the prosecution had established the nature and weight of the drug and a prima facie case at the close of the prosecution, but after hearing defence evidence the accused raised a real and reasonable possibility that the seized exhibits belonged to a third party (Karthik) with access to the premises; that reasonable doubt rebutted the statutory presumption of trafficking on the criminal standard, and therefore the prosecution failed to prove guilt beyond reasonable doubt; the accused was acquitted.

Citation
WA-45A-72-12/2023 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Lingkswaran a/l Vasudevan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 February 2026
Case Number
WA-45A-72-12/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking (dangerous Drugs Act 1952) / Trial Judgment (end of Prosecution and Defence)
Outcome
Accused acquitted and discharged
Legal Topics
Possession, Trafficking/distribution, Statutory Presumption of Trafficking, Chain of Custody, Forensic Evidence, Burden of Proof
Source Language
Malay/English
Criminal Law Drug Control Law Evidence Law Possession Trafficking/distribution Statutory Presumption of Trafficking Chain of Custody Forensic Evidence +1 more

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Parties

Public Prosecutor

Prosecution

Lingkswaran a/l Vasudevan

Accused

Procedural Posture

Criminal Drug Trafficking (dangerous Drugs Act 1952) / Trial Judgment (end of Prosecution and Defence)

Legal Issues

  1. 1 Whether the seized substance was a dangerous drug (methamphetamine) and its weight
  2. 2 Whether the accused had possession/ownership/control of the drugs
  3. 3 Whether the statutory presumption of trafficking applied and if it was rebutted

Ratio Decidendi

The court found the prosecution had established the nature and weight of the drug and a prima facie case at the close of the prosecution, but after hearing defence evidence the accused raised a real and reasonable possibility that the seized exhibits belonged to a third party (Karthik) with access to the premises; that reasonable doubt rebutted the statutory presumption of trafficking on the criminal standard, and therefore the prosecution failed to prove guilt beyond reasonable doubt; the accused was acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused acquitted and discharged of the charge